“[Are we] going to stop crime before it happens because we’re monitoring every utterance and thought of incarcerated people?” Kendrick says. “I think this is one of many situations where the technology is way far ahead of the law.”
The company spokesperson said the tool’s function is to make monitoring more efficient amid staffing shortages, “not to surveil individuals without cause.”
Securus will have an easier time funding its AI tool thanks to the company’s recent win in a battle with regulators over how telecom companies can spend the money they collect from inmates’ calls.
In 2024, the Federal Communications Commission issued a major reform, shaped and lauded by advocates for prisoners’ rights, that forbade telecoms from passing the costs of recording and surveilling calls on to inmates. Companies were allowed to continue to charge inmates a capped rate for calls, but prisons and jails were ordered to pay for most security costs out of their own budgets.
Negative reactions to this change were swift. Associations of sheriffs (who typically run county jails) complained they could no longer afford proper monitoring of calls, and attorneys general from 14 states sued over the ruling. Some prisons and jails warned they would cut off access to phone calls.
While it was building and piloting its AI tool, Securus held meetings with the FCC and lobbied for a rule change, arguing that the 2024 reform went too far and asking that the agency again allow companies to use fees collected from inmates to pay for security.
In June, Brendan Carr, whom President Donald Trump appointed to lead the FCC, said it would postpone all deadlines for jails and prisons to adopt the 2024 reforms, and even signaled that the agency wants to help telecom companies fund their AI surveillance efforts with the fees paid by inmates. In a press release, Carr wrote that rolling back the 2024 reforms would “lead to broader adoption of beneficial public safety tools that include advanced AI and machine learning.”
On October 28, the agency went further: It voted to pass new, higher rate caps and allow companies like Securus to pass security costs relating to recording and monitoring of calls—like storing recordings, transcribing them, or building AI tools to analyze such calls, for example—on to inmates. A spokesperson for Securus told MIT Technology Review that the company aims to balance affordability with the need to fund essential safety and security tools. “These tools, which include our advanced monitoring and AI capabilities, are fundamental to maintaining secure facilities for incarcerated individuals and correctional staff and to protecting the public,” they wrote.
FCC commissioner Anna Gomez dissented in last month’s ruling. “Law enforcement,” she wrote in a statement, “should foot the bill for unrelated security and safety costs, not the families of incarcerated people.”
The FCC will be seeking comment on these new rules before they take final effect.
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